Eviction Prevention

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LSNV provides assistance to tenants with the primary goal of preventing homelessness and preserving access to decent, safe, and affordable housing, with an emphasis on subsidized housing cases. 

A tenant may be at risk of eviction if they receive a notice from their landlord.  This could be for:

-non-payment of rent (notice to pay or quit),

-lease violations (known as a 21/30 notice to cure or vacate), or

-lease non-renewal (terminating a tenancy when the lease expires).

 

These notices may be followed by a court action called a Summons for Unlawful Detainer, which is a civil case a landlord must file in court seeking an order which would allow the sheriff to evict the tenant.  For tenants who reside in public housing or have a subsidized tenancy, there may be additional notice requirements or protections, such as grievance rights or administrative hearings.

Although LSNV cannot guarantee representation in any given case, we often provide advice and information to tenants on:

– Evictions for non-payment of rent and lease violations
-Issues for those living in public and subsidized housing, including administrative hearings
-Poor housing conditions and retaliation
-Issues for those living in mobile home parks
-Fair housing complaints, including housing discrimination
-Reasonable accommodation requests for tenants with disabilities
-Special protections for tenants experiencing domestic violence

LSNV housing advocates also conduct outreach in the courthouse and throughout the community, including know your rights legal presentations to tenant organizations, partner agencies, and other groups.

Housing Court Forms/

Eviction Expungement – Eviction expungement is a free process where the record of an eviction case is removed from the court’s website and the physical court records are redacted or destroyed. Learn more about when a case is eligible to be expunged and what the process for expungement is here.

What Happens in Civil Cases in General District Court – A basic overview of the court process in civil cases, such as warrant in debt and unlawful detainer cases, in General District Court.

Facing Eviction Because of a Government Shutdown – Virginia tenants who have been furloughed or are not receiving wages due to a federal government shutdown often struggle to pay rent and may ultimately face eviction for unpaid rent. However, under Virginia Code Section 44-209, these tenants may be able to get a 60-day delay in their eviction case.

Tenant’s Right of Redemption – Learn when and how a tenant who has fallen behind on rent can pay the balance in order to stay in their home and avoid eviction.

Housing Laws, Court Forms, and Court Information/
  • The Virginia Residential Landlord Tenant Act sets out the requirements and rights of landlords and tenants.  It explains what is required in leases and what cannot be included in leases.  It explains what needs to be included in notices and the amount of time required for certain notices.  These laws can be found using this link.
  • Most landlord/tenant cases are filed in General District Court and there are specific forms required to file these lawsuits.   
  • The General District Court has a form that is used to file a lawsuit to seek to have someone evicted from a property.  This lawsuit is called a Summons for Unlawful Detainer and can be found using this link.
  • General District Court Civil cases have their own special rules regarding their procedures.  These laws can be found using this link. 
  • The Virginia Court System has a website that provides all types of information about General District Court, and can be found using this link.  You can access information about individual General District Courts to get addresses and phone numbers.  You can access the Civil Online Case Information System to search for any lawsuits that may exist in a particular Court to find when Court is scheduled.  You can review the Rules of the Supreme Court of Virginia which apply to certain levels of Court.  You can review various manuals that provide guidance to the general public and to judges.     
Self-Help Resources/
  • Housing | DHCD “Virginia Department of Housing & Community Development”